Georgia Court Severs Asbestos Claims for Failure to Show Commonality

November 8, 2004 – Media Coverage

HarrisMartin

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ATLANTA -- A state court has severed several asbestos claims after finding the plaintiffs failed to show commonality among their allegations, despite being given the opportunity to show that the claims were properly joined. Armstead, et al. v. Georgia Pacific Corporation, et al., No. 03-A-11943-5 (Ga. State Ct., Cobb Cty.).

In an Oct. 13 order, Judge David P. Darden of the Georgia State Court for Cobb County, severed the claims as unrelated actions but allowed the severed plaintiffs to re-file their claims with separate civil action numbers. Judge Darden also ordered that the lead plaintiff, Mildred Armstead, re-file her lawsuit naming only the defendants relevant to her claims.

According to Judge Darden's order, plaintiffs were ordered to file an amended complaints demonstrating that their claims were proper under Georgia joinder requirements. The order followed a previous motion to sever filed by defendants in the case. However, the amended lawsuit, however, was almost identical to the initial complaint, Judge Darden found.

'In addition, the plaintiffs failed to show any commonality between the plaintiffs, merely restating the brief allegations in the initial Complaint which had been ruled as insufficient to maintain joinder,' Judge Darden said. 'Furthermore, the Plaintiffs filed a supplemental response to Defendant's Motion to Sever stating that the State Court of Fulton County had declined to sever the claims in a similar situation.'

Judge Darden also ruled that if the severed plaintiffs do not re-file within 30 days, the claims would be dismissed without prejudice.

Document is Available Call (800) 496-4319 or Search www.harrismartin.com Order Ref# ASB-0411-03

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